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Want peace, prosperity, growth, and low unemployment? Follow the Constitution

 14 Jun 19
Most people say they want freedom, but what do they mean by that word?…

Media release: Land reform bills threaten everything the struggle achieved

 09 Apr 19
Should the change to section 25 of the Constitution to allow expropriation without compensation (EWC) go ahead, government, in effect, while continuing to recognise property rights, will fail in its constitutional duty to protect them.…

The Rule of Law and moving SA forward

19 Feb 19   Matthew South
The Rule of Law is one of the ideals of our political morality. It refers to the ascendancy of law as such and of the institutions of law in a system of governance.…

When it comes to making laws quality over quantity is preferable

04 Feb 19   Martin van Staden
The view that a legislature is only “productive” when it passes many laws in a short period must be challenged.…

SA’s support of Venezuela’s Maduro tramples on the Constitution

30 Jan 19   Martin van Staden
The South African government has thrown its support behind the tyrant Nicolas Maduro of Venezuela in the midst of a constitutional crisis in that country.…

Exploring the constitutional definition of hate speech

14 Jan 19   Martin van Staden
The Prevention and Combating of Hate Crime and Hate Speech Bill is likely to become law during 2019.…

Right to compensation central to protecting human rights

09 Jan 19   Martin van Staden
Government’s push to water down the constitutional protection for property rights in South Africa by amending the Constitution should shock everyone of whatever race or socio-economic background.…

Amending the Constitution on shaky grounds will cause illegitimacy

03 Dec 18   Martin van Staden
Removing the right to compensation when expropriating property that is currently contained in section 25 of the Constitution, will be a lethal blow to the legitimacy and stability of our constitutional order if done under present conditions.…

Media release: Police oversight regime is constitutionally inadequate

06 Nov 18  
New research by the Rule of Law Project has revealed that the Independent Police Investigative Directorate Act (IPID Act) contravenes certain notions of the Rule of Law, as contained in section 1(c) of the Constitution, as well as the provisions in t…

Expropriation without compensation is a contradiction in terms

01 Oct 18   Martin van Staden
For better or worse, there is no government in the world that does not possess the power to expropriate the private property of its subjects.…

Media release: Bad faith public participation in EWC hearings a travesty of participatory democracy

20 Sep 18   FMF Media Release
The Free Market Foundation’s (FMF) exclusion from the expropriation without compensation (EWC) parliamentary hearings is an affront to South Africa’s participatory democracy and the land rights struggle.…

Media release: Expropriation without compensation will require 75 per cent vote – Professor Robert Vivian

17 Sep 18   FMF Media Release
75% of the National Assembly vote would be required to change the Constitution to allow general expropriation without compensation, not 66% as the ANC and EFF believe, according to Robert Vivian, Professor of Finance and Insurance, Wits School of Eco…

How to provide responsibly for expropriation without compensation

17 Sep 18   Martin van Staden
If the Constitution is to be amended to provide for expropriation without compensation (EWC) – something South Africans of all stripes should oppose in principle – there are either safer or more dangerous ways to go about it.…

Reduce corruption by reducing discretion

05 Sep 18   Martin van Staden
South Africa and other societies spend untold millions on combating the scourge of corruption. Conferences are held on how to fight it more effectively and entire academic fields are dedicated to analysing it.…

EWC is an assault on the constitutional right to dignity

Land dispossession was commonplace in pre-democratic South Africa. People were kicked off their land because past regimes had no regard for individual property rights.…

Affirmative action: It’s time to up the ante in constitutional discourse

29 Aug 18  
In “The Rule of Law vs the Constitution” (7 August 2018) Sydney Kaye writes of how the Constitution of South Africa itself falls foul of its own commitment to the supremacy of the Rule of Law, as expressed in section 1(c) of the text.…

Expropriation of property without compensation – 75 per cent required to change the Constitution

22 Aug 18   Robert W Vivian
It seems the African National Congress (ANC) is determined to press ahead with the expropriation of property without compensation. This raises a number of constitutional questions. These questions and offered answers have appeared in the press.…